Publications of Nicolas Petit
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See detailAnalyse statistique des affaires d’ententes dans l’UE (2004-2014)
Broos, Sébastien ULiege; Gautier, Axel ULiege; Marcos Ramos, Jorge ULiege et al

in Revue Economique (2016)

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See detailProcedural Rights in EU Antitrust Proceedings
Muheme, Daniel ULiege; Neyrinck, Norman ULiege; Petit, Nicolas ULiege

in Cauffman, Caroline; Hao, Qia (Eds.) Procedural Rights in Competition Law in the EU and China (2016)

This contribution is an attempt to provide a comprehensive list of the rights of defendants in infringement procedures before the European Commission. We gat​her eparse prerogatives that have been defined ... [more ▼]

This contribution is an attempt to provide a comprehensive list of the rights of defendants in infringement procedures before the European Commission. We gat​her eparse prerogatives that have been defined by the case law and propose ten rights, of which we track back the origin, define the substance and undertline the sanction in case of violation. [less ▲]

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See detailRebates and Article 102 TFEU: The European Commission's Duty to Apply the Guidance Paper
Petit, Nicolas ULiege

E-print/Working paper (2015)

This paper shows that the European Union (EU) courts' case-law and general principles of EU law place the European Commission (“Commission”) under a duty to apply the Guidance Communication on Enforcement ... [more ▼]

This paper shows that the European Union (EU) courts' case-law and general principles of EU law place the European Commission (“Commission”) under a duty to apply the Guidance Communication on Enforcement Priorities (“Guidance Paper”) in abuse of dominance cases started after its adoption. This duty includes the obligation to test Article 102 TFEU cases under the As Efficient Competitor (“AEC”) framework, as set out in the 2009 Guidance Paper. The judgments handed down by the Union courts in Intel v Commission and Post Danmark II do not alter in any way the Commission’s “self binding” duty to apply the Guidance Paper. If the Commission wishes to depart from the AEC framework, it must officially withdraw its Guidance Paper. [less ▲]

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See detailImplications of Competitive Neutrality for Competition Agencies: A Process Perspective
Petit, Nicolas ULiege

E-print/Working paper (2015)

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See detailAvis 2/13 de la CJUE : l'obsession du contrôle ?
Petit, Nicolas ULiege; Pilorge, Joëlle ULiege

in Revue des Affaires Européennes (2015)

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See detailAntitrust and The challenge of policing « moligopolists »
Petit, Nicolas ULiege

Conference (2015, May 29)

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See detailLe droit européen de l’abus de position dominante en 2014
Petit, Nicolas ULiege

in Contrats Concurrence Consommation (2015)

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See detailTheories of Self-Preferencing Under Article 102 TFEU: A Reply to Bo Vesterdorf
Petit, Nicolas ULiege

E-print/Working paper (2015)

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See detailLes fonctions de la procédure en droit de la concurrence
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

Conference (2015, March)

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See detail“Problem Practices” in EU Competition Law
Petit, Nicolas ULiege

Scientific conference (2015, February 10)

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See detail"Financial Fair Play" or "Oligopoleague" of Football Clubs?: A Preliminary Review under European Union Competition Law
Petit, Nicolas ULiege

E-print/Working paper (2015)

This short paper offers a first analysis of the UEFA's "break even requirement" under the EU competition rules. It shows that there are good reasons to believe that the UEFA Financial Fair Play regulation ... [more ▼]

This short paper offers a first analysis of the UEFA's "break even requirement" under the EU competition rules. It shows that there are good reasons to believe that the UEFA Financial Fair Play regulation violates Article 101 of the Treaty on the Functioning of the EU, in particular because it limits investments in the sense of Article 101(1) b) TFEU and in turn risks ossifying the market structure to the benefit of a tight oligopoly of football clubs. [less ▲]

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See detailState Created Barriers to Exit - The Example of the Acquisition of Alstom by General Electric
Petit, Nicolas ULiege

in Competition Policy International (2015), 11(1),

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See detailHuaweï v. ZTE: Judicial Conservatism at the Patent-Antitrust Intersection
Petit, Nicolas ULiege

in CPI Antitrust Chronicle (2015), 10(2),

This paper argues that the judgment of the Court of Justice of the EU in Huaweï v ZTE is of conservative craft. Huaweï v ZTE only extends by a razor-thin margin the zone of antitrust liability for patent ... [more ▼]

This paper argues that the judgment of the Court of Justice of the EU in Huaweï v ZTE is of conservative craft. Huaweï v ZTE only extends by a razor-thin margin the zone of antitrust liability for patent owners. The Court appears reluctant to relax its traditional case-law that affirms antitrust liability on patent owners only in “exceptional circumstances.” To be sure, the Court admits that SEPs covered by a FRAND pledge generate “particular circumstances,” which justify an extension of antitrust liability. But on careful read, the Court only expands antitrust liability in relation to a slice of cases of injunctions on FRAND-pledged SEPs that lead to exclusionary leveraging. This, in turn, relieves a number of upstream licensing entities from antitrust liability. [less ▲]

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See detailArticle 102 TFEU and the Test Debate
Petit, Nicolas ULiege

Conference (2015)

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See detailIntel Leveraging Rebates and the Goals of Article 102 TFEU
Petit, Nicolas ULiege

in European Competition Journal (2015)

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See detailTwo-Sided Markets and the Challenge of Turning Economic Theory into Antitrust Policy
Petit, Nicolas ULiege; Auer, Dirk ULiege

E-print/Working paper (2015)

The award of the Nobel Prize in Economics to Professor Jean Tirole in 2014 has generated intense interest about his brainchild theory of two-sided markets. Against this background, this paper explores ... [more ▼]

The award of the Nobel Prize in Economics to Professor Jean Tirole in 2014 has generated intense interest about his brainchild theory of two-sided markets. Against this background, this paper explores whether there is such a thing as a unified theory of two-sided markets and whether the two-sided markets literature can readily be applied by antitrust agencies, regulatory authorities and courts. This paper vindicates caution. The buzz surrounding two-sided markets could mask the fact that, in many cases, the policy implications of the theory are not yet clear, and that divergences among its proponents are often underplayed. In that regard, the paper notably stresses that one of the key conditions of market two-sidedness identified by Rochet and Tirole in their seminal paper of 2003 – the unavailability of Coasian bargaining between both sides of a platform – has often disappeared from subsequent scholarship. This omission threatens the coherent implementation of the theory of two-sided markets. Without this qualification, markets are often mischaracterized as two-sided, as soon as they display prima facie signs of indirect network externalities. [less ▲]

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See detailAntitrust damages in EU law and policy
Derenne, Jacques ULiege; Morgan de Rivery, Eric; Petit, Nicolas ULiege

Book published by Bruylant (2015)

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See detailProcedural rights in antitrust proceedings
Muheme, Daniel ULiege; Neyrinck, Norman ULiege; Petit, Nicolas ULiege

E-print/Working paper (2014)

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